GENERAL TERMS AND CONDITIONS


1. SCOPE OF APPLICATION

The following GTC apply to all orders placed through our online shop. Our online shop is exclusively aimed at consumers.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activities. An entrepreneur is a natural or legal person or a legally capable partnership that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

The law of the Federal Republic of Germany applies, excluding the UN Sales Law (CISG).

The place of fulfillment for all services arising from an order is the seat of our company. Should individual provisions of these General Terms and Conditions be invalid, the validity of the remaining provisions shall not be affected. If the customer is a merchant or a commercial customer with no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from and in connection with the contract is Cologne.

2. CONTRACTUAL PARTNER, CONCLUSION OF CONTRACT, CORRECTION OPTIONS

The purchase contract is concluded with EMK Münzen + Edelmetalle GmbH.

The presentation of products in the online shop does not constitute a legally binding offer but rather an invitation to order. You can place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained during the order process. By clicking the order button, you submit a binding offer for the products in the shopping cart. The confirmation of receipt of your order occurs immediately after sending the order via email.

We accept your offer within two days by
  • sending a declaration of acceptance in a separate email or
  • if applicable, by carrying out the payment transaction through our service provider or the selected payment service provider.The timing of the payment transaction depends on the respective selected payment method (see under "Payment").
The relevant alternative for you depends on which of the listed events occurs first.

A minimum order value of 50 euros including VAT and any applicable shipping costs applies to the order.

3. CONTRACT LANGUAGE; STORAGE OF CONTRACT TEXT

The language(s) available for the conclusion of the contract: German, English

We store the contract text and send you the order data and our GTC in text form. You can view the contract text in our customer login.

4. SUBJECT MATTER OF THE CONTRACT

4.1 Product Description

The validity of the respective product description as an essential part of the contract is pointed out.

4.2 Product Images

Notwithstanding your statutory warranty rights, we would like to point out the following particularities. If in doubt, please contact us:

Due to individual screen configurations (e.g., resolution and brightness), slight deviations between the displayed and actual product colors are possible.

5. DELIVERY CONDITIONS

Delivery Options

We ship the products to the delivery address specified during the order process.

We deliver only by shipping. Self-collection of the goods is unfortunately not possible.

For all deliveries within Germany up to an order value of 100 euros, we charge 5.95 euros shipping costs per delivery. For an order value up to 500 euros, we charge 4.95 euros shipping costs per delivery. From an order value between 500 euros to 2,500 euros, we charge a shipping cost share of 3.95 euros per delivery. From an order value of 2,500 euros, we deliver within Germany free of shipping costs. For deliveries abroad, the shipping cost share is based on the value of the shipment and the type of shipment.

For deliveries to countries outside the European Union, additional costs may arise in individual cases that the seller is not responsible for and that the buyer must bear. These include, for example, costs for money transfer by payment service providers (transfer fees, exchange rate fees) or import duties (taxes, customs duties, etc.).

If delivery becomes temporarily impossible or unreasonably difficult due to unforeseeable and unavoidable obstacles, especially in the case of force majeure and industrial action, we are released from the obligation to perform for the duration of the obstacle and a reasonable start-up period thereafter. Force majeure also includes the unintentional failure of technical systems by EMK (or its agents) due to computer viruses or hacker attacks. We will inform you immediately of the occurrence and the expected duration of the obstacle to performance. If delivery is not possible within a reasonable period, the customer has the right to withdraw from the contract.

Furthermore, we reserve the right not to make partial deliveries for orders containing pre-sale items. Only when all items of an order are in stock will they be shipped.

5.1 Legal Consequences of Default of Acceptance according to §§ 300 ff. BGB

According to § 433 (2) BGB, the buyer is obliged to accept the delivery. Default of acceptance occurs if the buyer refuses acceptance, either directly by personal refusal at delivery by the delivery person and/or by not collecting the delivery from a post office or parcel station and/or by non-delivery due to personal absence. The buyer is obliged according to § 304 BGB to reimburse all additional expenses incurred by EMK for the unsuccessful offer, storage, and preservation of the ordered goods. With the default of acceptance, the risk of performance passes to the buyer.

6. PAYMENT

6.1 Due Date and Default of Payment

The price is due upon conclusion of the contract unless a later date is specified in the following payment conditions.

For all prices listed in our sales lists, the price list valid at the time of the order is decisive. For gold and silver investment coins, we update the prices every 5 minutes.

Payments to EMK must be made with the indication of the customer and invoice number.

Shipping to unknown customers or new customers is only against prepayment, via PayPal, or with a valid credit card. If prepayment is agreed, the payment is due immediately after the conclusion of the contract.

We deliver to known customers on account. The invoice amount is payable immediately after receipt of the goods, net without deduction, to one of our accounts specified on the invoice.

In the event of default of payment, the costs from the second reminder as well as the necessary collection costs must be reimbursed. From the beginning of the default, we charge default interest at the statutory rate. In the event of default of payment, we are entitled to suspend further services until the payment of the outstanding amount. Furthermore, we are entitled, in the event of default of payment by the customer, to withdraw from the contract after the unsuccessful expiry of a grace period of 14 days. The right to claim default interest and damages remains unaffected.

Set-off is only permissible with undisputed or legally established claims.

The following payment methods are generally available to you in our shop:

6.2 Payment Methods

The following payment methods are generally available to you in our shop:

Prepayment
When selecting the prepayment method, we will provide you with our bank details in a separate email and deliver the goods after receipt of payment.

Credit Card
In the order process, you provide your credit card details. Your card will be charged immediately after placing the order.

PayPal
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate with your login details and confirm the payment instruction. The payment transaction will be carried out by PayPal immediately after placing the order. Further information is provided during the ordering process.

PayPal may offer registered and selected customers additional payment options according to their criteria. However, we have no influence on this; additional individually offered payment options concern your legal relationship with PayPal. Further information can be found in your PayPal account.

7. RIGHT OF WITHDRAWAL

Consumers have the statutory right of withdrawal as described in the withdrawal policy. Entrepreneurs are not granted a voluntary right of withdrawal. Information on our withdrawal conditions can be found in our withdrawal policy (https://www.emk.com/de-de/service/widerruf).

8. RETENTION OF TITLE

The product remains our property until full payment.

9. TRANSPORT DAMAGE

If goods are delivered with obvious transport damage, please report such defects to the delivery person immediately and contact us as soon as possible. Failure to make a complaint or contact us does not affect your statutory claims and their enforcement, in particular, your warranty rights. However, you help us to assert our own claims against the carrier or transport insurance.

10. WARRANTY AND GUARANTEES

10.1 Statutory Warranty Rights

The statutory warranty rights apply.

10.2 Guarantees and Customer Service

Information on any applicable additional guarantees and their exact conditions can be found with the product and on special information pages in the online shop.

Customer Service: You can reach us by phone at: ☎ 49 (0) 531 - 888 979 - 50 Monday - Friday | 08.00 - 17.00.

11. LIABILITY

We are always liable without limitation for claims due to damages caused by us, our legal representatives, or agents

in the event of injury to life, body, or health,
in the event of intentional or grossly negligent breach of duty,
in the case of promise of guarantee, if agreed, or
if the scope of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence by us, our legal representatives, or agents, the liability is limited in amount to the foreseeable damage typical for the contract at the time of the conclusion of the contract.
Otherwise, claims for damages are excluded.

12. CODE OF CONDUCT

We have submitted to the following codes of conduct:

Trusted Shops

13. DISPUTE RESOLUTION

The European Commission provides a platform for online dispute resolution (OS), which you can find here (https://ec.europa.eu/consumers/odr/). We are not obliged and not prepared to participate in a dispute resolution procedure before a consumer arbitration board.

GTC created with the Trusted Shops legal text generator


GENERAL TERMS AND CONDITIONS


1. SCOPE OF APPLICATION

The following GTC apply to all orders placed through our online shop. Our online shop is exclusively aimed at consumers.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activities. An entrepreneur is a natural or legal person or a legally capable partnership that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

The law of the Federal Republic of Germany applies, excluding the UN Sales Law (CISG).

The place of fulfillment for all services arising from an order is the seat of our company. Should individual provisions of these General Terms and Conditions be invalid, the validity of the remaining provisions shall not be affected. If the customer is a merchant or a commercial customer with no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from and in connection with the contract is Cologne.

2. CONTRACTUAL PARTNER, CONCLUSION OF CONTRACT, CORRECTION OPTIONS

The purchase contract is concluded with EMK Münzen + Edelmetalle GmbH.

The presentation of products in the online shop does not constitute a legally binding offer but rather an invitation to order. You can place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained during the order process. By clicking the order button, you submit a binding offer for the products in the shopping cart. The confirmation of receipt of your order occurs immediately after sending the order via email.

We accept your offer within two days by
  • sending a declaration of acceptance in a separate email or
  • if applicable, by carrying out the payment transaction through our service provider or the selected payment service provider.The timing of the payment transaction depends on the respective selected payment method (see under "Payment").
The relevant alternative for you depends on which of the listed events occurs first.

A minimum order value of 50 euros including VAT and any applicable shipping costs applies to the order.

3. CONTRACT LANGUAGE; STORAGE OF CONTRACT TEXT

The language(s) available for the conclusion of the contract: German, English

We store the contract text and send you the order data and our GTC in text form. You can view the contract text in our customer login.

4. SUBJECT MATTER OF THE CONTRACT

4.1 Product Description

The validity of the respective product description as an essential part of the contract is pointed out.

4.2 Product Images

Notwithstanding your statutory warranty rights, we would like to point out the following particularities. If in doubt, please contact us:

Due to individual screen configurations (e.g., resolution and brightness), slight deviations between the displayed and actual product colors are possible.

5. DELIVERY CONDITIONS

Delivery Options

We ship the products to the delivery address specified during the order process.

We deliver only by shipping. Self-collection of the goods is unfortunately not possible.

For all deliveries within Germany up to an order value of 100 euros, we charge 5.95 euros shipping costs per delivery. For an order value up to 500 euros, we charge 4.95 euros shipping costs per delivery. From an order value between 500 euros to 2,500 euros, we charge a shipping cost share of 3.95 euros per delivery. From an order value of 2,500 euros, we deliver within Germany free of shipping costs. For deliveries abroad, the shipping cost share is based on the value of the shipment and the type of shipment.

For deliveries to countries outside the European Union, additional costs may arise in individual cases that the seller is not responsible for and that the buyer must bear. These include, for example, costs for money transfer by payment service providers (transfer fees, exchange rate fees) or import duties (taxes, customs duties, etc.).

If delivery becomes temporarily impossible or unreasonably difficult due to unforeseeable and unavoidable obstacles, especially in the case of force majeure and industrial action, we are released from the obligation to perform for the duration of the obstacle and a reasonable start-up period thereafter. Force majeure also includes the unintentional failure of technical systems by EMK (or its agents) due to computer viruses or hacker attacks. We will inform you immediately of the occurrence and the expected duration of the obstacle to performance. If delivery is not possible within a reasonable period, the customer has the right to withdraw from the contract.

Furthermore, we reserve the right not to make partial deliveries for orders containing pre-sale items. Only when all items of an order are in stock will they be shipped.

5.1 Legal Consequences of Default of Acceptance according to §§ 300 ff. BGB

According to § 433 (2) BGB, the buyer is obliged to accept the delivery. Default of acceptance occurs if the buyer refuses acceptance, either directly by personal refusal at delivery by the delivery person and/or by not collecting the delivery from a post office or parcel station and/or by non-delivery due to personal absence. The buyer is obliged according to § 304 BGB to reimburse all additional expenses incurred by EMK for the unsuccessful offer, storage, and preservation of the ordered goods. With the default of acceptance, the risk of performance passes to the buyer.

6. PAYMENT

6.1 Due Date and Default of Payment

The price is due upon conclusion of the contract unless a later date is specified in the following payment conditions.

For all prices listed in our sales lists, the price list valid at the time of the order is decisive. For gold and silver investment coins, we update the prices every 5 minutes.

Payments to EMK must be made with the indication of the customer and invoice number.

Shipping to unknown customers or new customers is only against prepayment, via PayPal, or with a valid credit card. If prepayment is agreed, the payment is due immediately after the conclusion of the contract.

We deliver to known customers on account. The invoice amount is payable immediately after receipt of the goods, net without deduction, to one of our accounts specified on the invoice.

In the event of default of payment, the costs from the second reminder as well as the necessary collection costs must be reimbursed. From the beginning of the default, we charge default interest at the statutory rate. In the event of default of payment, we are entitled to suspend further services until the payment of the outstanding amount. Furthermore, we are entitled, in the event of default of payment by the customer, to withdraw from the contract after the unsuccessful expiry of a grace period of 14 days. The right to claim default interest and damages remains unaffected.

Set-off is only permissible with undisputed or legally established claims.

The following payment methods are generally available to you in our shop:

6.2 Payment Methods

The following payment methods are generally available to you in our shop:

Prepayment
When selecting the prepayment method, we will provide you with our bank details in a separate email and deliver the goods after receipt of payment.

Credit Card
In the order process, you provide your credit card details. Your card will be charged immediately after placing the order.

PayPal
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate with your login details and confirm the payment instruction. The payment transaction will be carried out by PayPal immediately after placing the order. Further information is provided during the ordering process.

PayPal may offer registered and selected customers additional payment options according to their criteria. However, we have no influence on this; additional individually offered payment options concern your legal relationship with PayPal. Further information can be found in your PayPal account.

7. RIGHT OF WITHDRAWAL

Consumers have the statutory right of withdrawal as described in the withdrawal policy. Entrepreneurs are not granted a voluntary right of withdrawal. Information on our withdrawal conditions can be found in our withdrawal policy (https://www.emk.com/de-de/service/widerruf).

8. RETENTION OF TITLE

The product remains our property until full payment.

9. TRANSPORT DAMAGE

If goods are delivered with obvious transport damage, please report such defects to the delivery person immediately and contact us as soon as possible. Failure to make a complaint or contact us does not affect your statutory claims and their enforcement, in particular, your warranty rights. However, you help us to assert our own claims against the carrier or transport insurance.

10. WARRANTY AND GUARANTEES

10.1 Statutory Warranty Rights

The statutory warranty rights apply.

10.2 Guarantees and Customer Service

Information on any applicable additional guarantees and their exact conditions can be found with the product and on special information pages in the online shop.

Customer Service: You can reach us by phone at: ☎ 49 (0) 531 - 888 979 - 50 Monday - Friday | 08.00 - 17.00.

11. LIABILITY

We are always liable without limitation for claims due to damages caused by us, our legal representatives, or agents

in the event of injury to life, body, or health,
in the event of intentional or grossly negligent breach of duty,
in the case of promise of guarantee, if agreed, or
if the scope of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence by us, our legal representatives, or agents, the liability is limited in amount to the foreseeable damage typical for the contract at the time of the conclusion of the contract.
Otherwise, claims for damages are excluded.

12. CODE OF CONDUCT

We have submitted to the following codes of conduct:

Trusted Shops

13. DISPUTE RESOLUTION

The European Commission provides a platform for online dispute resolution (OS), which you can find here (https://ec.europa.eu/consumers/odr/). We are not obliged and not prepared to participate in a dispute resolution procedure before a consumer arbitration board.

GTC created with the Trusted Shops legal text generator


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